Legal Opinion

People v. . Esposito

New York Court of Appeals

Decided November 12, 1918PublishedCited by 25 opinions

Appeal from a judgment of the Supreme Court, rendered December 22, 1917, at a Trial Term for the county of Schenectady, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The district attorney’s conduct was improper and prejudicial. (People v. Freeman, 203 N. Y. 267; People v. Molineux, 168 N. Y. 264; People v. Brown, 110 App.

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Appeal from a judgment of the Supreme Court, rendered December 22, 1917, at a Trial Term for the county of Schenectady, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The district attorney’s conduct was improper and prejudicial. (People v. Freeman, 203 N. Y. 267; People v. Molineux, 168 N. Y. 264; People v. Brown, 110 App. Div. 490; 188 N. Y. 554; People v. Cascone, 185 N. Y. 317; Rost v. B. H. R. R. Co., 10 App. Div. 477; Hoyt v. Davis Mfg. Co., 112 App. Div. 759; People v. Scanlon, 132 App. Div.…

1Opinion of the Court

Hiscock, Ch. J.:

The defendant has been convicted of murder in the first degree because he shot and killed a woman named Griovannina Pasquerella. In close sequence of time he shot and killed first her husband and then herself and' wounded two other persons. All of this occurred in a building which was used on the ground floor for a store kept by the husband and in the upper stories for dwelling apartments. In furtherance of the claim that the defendant killed deceased under such circumstances as made his act murder in the first degree, it was and is asserted as a matter of inference from…

2Cited by25 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. People v. AshwalNew York Court of Appeals · 1976
  3. Commonwealth v. FrenchMassachusetts Supreme Judicial Court · 1970
  4. Shoemaker v. StateCourt of Appeals of Maryland · 1962
  5. People v. ShanisNew York Court of Appeals · 1975

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